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2003 Supreme(Sikk) 23

R.K.PATRA
SUPERINTENDENT OF POLICE, C. B. I. , SPE/acu (VI), NEW DELHI – Appellant
Versus
SONAM WANGDI – Respondent


Advocates Appeared:
A.K.UPADHYAYA, I.D.VAID

R. K. PATRA, J.

( 1 ) THE prosecution of the respondent for the offence punishable under Section 13 (2) read with Section 13 (l) (e) of the Prevention of Corruption Act, 1988 basing on the sanction given by the Central Government under Section 19 (1) of the said Act has been invalidated by the learned Special Judge, Gangtok in his order dated 19th August, 2003 in Criminal Case (C. B. I.) No. 03 of 2002 on the ground that it also needed sanction from the State Government (which is wanting) in view of the fact that he was employed during the first part of the check period in connection with the affairs of the State. The validity of the said order is the subject-matter of the challenge in this revision filed on behalf of the Superintendent of Police, SPE/cbi.

( 2 ) CHARGE-SHEET was filed against the respondent under Section 13 (2) read with 13 (l) (e) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the 'act') in the Court of learned Special Judge on 2nd December, 2002 on the allegation that he while working as public servant in different capacities under the Government of Sikkim during the period from 1st September, 1976 to 30th September, 1994 was found in posses












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